Research On The Specificity Of Search Warrant

The search warrant specificity, originated from Britain, is based on the dueprocess of law, which is written with the basis of search, the place to search and itemsof seized articles. With the search warrant, we can control of the investigation powerin order to protect the human rights. After continuous development and improvement,the search warrant specificity was introduced into civil law system from the commonlaw system, and eventually widely established. With the steps of building thesocialism country ruled by law, the legislation of the criminal procedure law ofpeople’s republic of china has constantly been improve. Unfortunately, in China, theprinciple of search warrant specificity still did not been recognized. The object of thisarticle is the specificity of search warrant, from the basic theoretical analysis ofwarrants specificity, to pursue the search warrant specificity historical origins, andthen learning from the world’s leading country under the rule of law and regionallegislation on warrants specificity, and to analyze the warrant specificity status in ourcountry, to point out the defects of search warrant in China as well as the reasons.Finally, with the analysis of the necessity and feasibility of the search warrantspecificity in china, I will point out the way how to establish a search warrantspecificity system in china.The first part expounds the connotation of search warrant specificity. The searchwarrant specificity includes specific reasons for search, specific search scope, specificsearch object, the validity of the specified search warrant and other matters whichshall be specified. With the theory above, this article will discuss the function of thesearch warrant, which shall be the maintenance of law enforcement authority, and thepower to safeguard human rights, and will deeply discuss the value of the searchwarrant specificity which shall be freedom, justice and human rights. And disclosethat the search warrant is originated from Britain, and developed in America, and thenspread to the civil law countries.The second part investigates the evolution and development of the searchwarrant specificity. This chapter will examine in details about the legislation situationof the two different law system countries and regions (Britain, the United States,Germany, Japan, and China’s Hong Kong and Taiwan), thus summed up the lawretaining principle and proportion principle which are required while establish the search warrant specificity, in order to provide certain reference andenlightenment while our country establishing the search warrant specificity.The third part reflects on China’s current search warrant. This chapter willanalysis our current search warrant, and to consider it as general search warrant. Thenwith reference of warrant specificity requirement, point out that China’s generalsearch warrants is lack of specificity, the search reason, details of the search scope,object, and the provisions of the validity of the search warrant. In China, the reasonthat we use general search warrants is just because of two factors: the traditionalstructure of investigation and realistic state.The fourth part discusses the path of search warrants specificity in china. Thischapter will first analysis the necessity and feasibility of the establishment of searchwarrant specificity in our country, in order to come with the establishment of thesearch warrant specificity is really in need necessary, and the establishment of thesearch warrant specificity can guarantee of human rights and safeguard lawenforcement authority; Establish China’s warrants specificity is feasible, because wehave the historical tradition, the basis of Construction of rule of law and the lawenforcement practice. Next, grasp the standard of search warrant. Then, under thecurrent situation in China, we will put forward the legislative proposals to establishthe search warrant specificity...